Rivera, the second female Hispanic justice appointed to the state’s highest court in its history, was confirmed by a voice vote in the Senate after an hour and a half of argument over her qualifications and the role her race and gender may have played in her nomination.

She was chosen by Gov. Andrew Cuomo to fill the vacancy left by Judge Carmen Beauchamp Ciparick, who is Hispanic and retired in December 2012.

Rivera, a Princeton graduate with a degree from New York University law school, has served as a member of the CUNY Law School faculty since 1997. After earning her law degree, she worked at the Legal Aid Society and the Puerto Rican Legal Defense and Education Fund before going on to clerk for Supreme Court Justice Sonia Sotomayor on the U.S. Second District Court. Rivera also served as commissioner of the New York City Commission on Human Rights from 2002 to 2007, before joining Attorney General Andrew Cuomo’s administration as a special deputy attorney general for civil rights. She is Governor Cuomo’s first nominee to the Court of Appeals.

State Appeals Court confirmations are usually smooth, but MRivera’s road to confirmation has been difficult. A week ago, Republican state senators grilled her over her lack of trial experience during two days of committee hearings.

Many of Rivera’s legal writings are related to legal questions surrounding race, gender and social justice issues, and Republican Sen. John Bonacic wondered last week whether Rivera would be an “activist judge,” calling Cuomo’s nomination “social engineering.”

Bonacic repeated that concern Monday.

“Maybe it is coincidence and not social engineering that the first Latina judge in our state’s highest court is being replaced by the second Latina judge in our state’s highest court,” he said. “To make this confirmation about one’s ethnic background instead of qualifications demeans the state court of appeals.”

“This is not the best candidate. Period,” said Republican Sen. John DeFrancisco Monday, explaining why he planned to vote “no” on Rivera’s confirmation. “I think if you don’t have judicial experience you at least have to have a broad range of experience in the courtroom,” he said, noting that Rivera has no experience as a judge and very limited trial experience.

Democratic Senators disagreed, saying her experience as a Hispanic woman and academic would provide useful diversity on the bench.

“She wasn’t trained to be a Wall Street lawyer. She wasn’t trained to join one of those white shoe law firms. She was trained as somebody who dedicates their life to public service,” said Sen. Jeff Klein, a Democratic Bronx senator.

In a press conference, Rivera responded to criticisms she would be an “activist” judge.

“I’ve been very clear to the committee and to senators when I spoke with them, that I will take every case based on the rule of law,” she said.

Cuomo praised Rivera’s career and background Monday, saying she would bring a “beautiful new perspective to the court of appeals.”

Cuomo said Rivera’s lack of judicial experience was not unprecedented, citing judges such as Elena Kagan, Louis Brandeis and Charles Evans Hughes, who were confirmed without having prior judicial experience.

“What makes a good court a great court in my experience is that breadth of experience,” he said.